In Re the Marriage of Dally

222 N.W.2d 478, 1974 Iowa Sup. LEXIS 1132
CourtSupreme Court of Iowa
DecidedOctober 16, 1974
Docket2-56762
StatusPublished
Cited by3 cases

This text of 222 N.W.2d 478 (In Re the Marriage of Dally) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re the Marriage of Dally, 222 N.W.2d 478, 1974 Iowa Sup. LEXIS 1132 (iowa 1974).

Opinion

UHLENHOPP, Justice.

We are called upon in this appeal to decide, primarily, which parent will be the better custodian of a small child.

Petitioner Claude M. Dally, born January 5, 1950, is the son of Mr. and Mrs. Elsy Dally. The senior Dallys are religious, upstanding people and evidently quite strict in their ways. Claude tends to be strict, authoritarian, and self-centered.

Respondent Carolyn D. Dally, born September 24, 1952, is the daughter of Robert King and Marilyn King Redmond, who were divorced when Carolyn was four. Robert King received custody of Carolyn in the divorce. The record discloses little about Carolyn’s parents except that they have both remarried. Carolyn stated that as a teenager she was torn between loyalty to her father and to her mother.

According to Carolyn’s father, Carolyn was not difficult to raise until she was in high school. She then visited her mother in *480 Arizona, and upon her return to Iowa appeared to her father to have changed and become more independent and hard to control. She wanted to leave home. The evidence does not reveal the basic cause of the difficulty.

Claude lived near the Robert King home, and he and Carolyn dated. In September 1969, Claude and Carolyn ran away to South Dakota to get married. But their car broke down and they ran out of money, so they returned home unmarried.

Carolyn then went to her mother in Arizona. Claude followed, but as he was in the draft he could not find employment. In October 1969, soon after he arrived in Arizona, he enlisted in the army.

On December 30, 1969, Claude, 19, and Carolyn, 17, married. Thereafter they lived in Massachusetts about six months. In July 1970, Claude left for Viet Nam for a year. Carolyn went to Fort Dodge, where she lived in a small house. On November 24, 1970, Carolyn gave birth to the parties’ daughter, Carla.

As usual in such cases, the record contains evidence about the parties’ good and bad conduct. During Claude’s year in Viet Nam, Carolyn attended some parties in mixed company. She may have had an affair with one Uliche, although the evidence does not disclose the extent of the relationship. Claude admitted that he was guilty of indiscretions while he was in Viet Nam.

Claude returned from Viet Nam in July 1971, and the family of three thereafter lived on an army base in Maryland until shortly before Claude received his discharge. During that time Claude took little interest in Carla; she seemed to bother and annoy him. Also, the marriage began to deteriorate.' Carolyn arose late in the morning and retired late at night after watching television. Claude was dissatisfied with Carolyn’s habits, which were probably considerably different from his mother’s. The parties quarreled and used coarse language, and they shouted at Carla. The basic relationship between Carolyn and Carla, however, was always close and affectionate. Carla is precocious but high strung.

In preparation for Claude’s army discharge, Carolyn and Carla went to Wisconsin to the family of Robert Dally, Claude’s brother. Claude planned to obtain work in that area. Soon afterward, Claude joined her there, having received his discharge on October 16, 1972. He obtained work as an automobile mechanic in Red Wing, Minnesota, but could not find housing in that city. He rented a farmhouse about 35 miles distant in Wisconsin and commuted to work daily in the parties’ car. The parties were then 22 and 20 years old respectively, and Carla was two.

Carolyn and Carla were thus left in a rural area without transportation, in the winter, among strangers. Claude took them to town once a week to buy groceries. Practically the only contact Carolyn had with the outside world was through television; the parties had a black and white set which a relative had given them. Carolyn was lonely and Claude seemed to be oblivious to her situation. He took little interest in her and the child.

The marriage continued to deteriorate. Carolyn became friendly with a telephone repairman who came to the house. How far that relationship progressed the evidence does not show.

Eventually Carolyn was somehow able to get to a psychiatrist in Rochester, Minnesota, to see what could be done about improving the marriage. The psychiatrist wanted Claude also to see him, but Claude would not do so. Carolyn then consulted a lawyer for advice. He recommended that she and Claude go to the local Lutheran counseling service, which was free, but Claude would not go.

Carolyn became desperate about the poor relationship between Claude and her and about the housing situation. On the evening of January 29, 1973, after Claude was *481 asleep, Carolyn took the parties’ ear and drove to town. She found the telephone man in a tavern and sat and talked with him until a late hour. She then left with him in the ear — she says to ride around. She got home about 3:30 a. m.

In the meantime, Claude woke up, found Carolyn gone, and telephoned his brother, who advised that perhaps Carolyn needed “a good beatin’.” When Carolyn got home, Claude struck her in the face, wrestled her to the floor, sat on her arms with his knees, pounded her head and arms, and generally administered a thorough beating. He then took Carla and drove to his brother’s home; the next day he drove with Carla to his parents’ home in Fort- Dodge. He has lived there since then.

Also the next day, Carolyn, having no money or car, walked and hitch-hiked to town and obtained food stamps. She eventually obtained transportation to Fort Dodge. Thereafter she lived with a relative in Rockwell City, Iowa.

Claude promptly commenced the instant proceeding, in which he asked that the marriage be dissolved and that he be granted custody of the child. Carolyn also asked custody of Carla, as well as support. The district court appointed an attorney to represent the child. After investigation, that attorney joined forces with Carolyn on the custody issue and presented evidence in her favor.

We cannot recite all of the evidence; it is too voluminous. Among other things, the parties each saw a Fort Dodge psychiatrist. He reported that Carolyn desires to please others and avoid criticism, she has considerable warmth and ability to feel for other people, she has difficulty arriving at definite opinions, and “she would provide a warm, accepting home, but her actions and behavior might be quite likely to change from time to time depending on influence from other people.” He reported also that Claude grew up in a stable home with some feelings of masculine superiority and strong ideas of right and wrong, Claude has a rather rigid compulsive personality with firm expectations of people but short patience, and “he would tend to establish a stable home with rather firm, perhaps rigid expectations of children and others in the home with him.”

Between the time Claude left Wisconsin on January 30, 1973, and the trial which began on August 27, 1973, Carla was in the home of the senior Dallys, where Claude’s mother largely attended her needs. Claude’s mother was 53 at time of trial, and his father, who has charge of building maintenance at a Fort Dodge school, was 58. Claude’s mother took good care of Carla. Claude regularly attended church services with the child.

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Related

In Re the Marriage of Horstmann
263 N.W.2d 885 (Supreme Court of Iowa, 1978)
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552 F.2d 252 (Eighth Circuit, 1977)

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222 N.W.2d 478, 1974 Iowa Sup. LEXIS 1132, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-marriage-of-dally-iowa-1974.